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MelissaM4 (Pennsylvania)
Posts: 27
Posted:
I live in a newly built community that is still not complete. We are known as the "Hills at Woodgate", which is a name the Builder and Developer decided on a few years (when construction began). Now the By Laws state we are the "Woodside Village Homeowners Association" and the Declaration says we are "Woodgate Village". Why are there so many names?

My management company who was hired by the previous Declarant in October 2007 found a copy of papers in her files from the PA Department of State Corporation Bureau, Articles of Incorporation - Nonprofit. The name of the corporation is Woodside Village Homeowners Association. The corporation is incorporated under the Nonprofit Corporation Law of 1988 for the purpose - Homeowners' Association - Residential Community. The corporatin is organized on a non-stock basis.

Also, we as a newly formed BOD in April of 2008 like the name "The Hills at Woodgate" rather than the others. One being their is an apartment community on the same road as us called the "Woodgate Apartments", and we do not want to have an coorelation with them at all.

We have all of our coorespondence and legalities as "Woodside Village HOA" at the moment. And the Builder, Developer and Township all refer to us as "The Hills at Woodgate".

My question is why are there three names, is this customary of an Association? And if it is not customary (which I do not think it is), how do I go about ammending my By Laws and Declaration?

Thank you very much for helping a first time BOD member and President of less than 4 months.

Melissa
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Melissa,

You will most likely find that it is far easier to change the name of the corporation--the homeowners association--and amend the bylaws, than it is to change the declaration of covenants.

I would suggest changing the corporate name to reflect the name of the community as it is advertised and listed on maps.

I live in a covenant community where the homeowners association corporate name (and as specified in the covenants) is not at all the same as the name of the community. The original developer changed the name of the community to avoid confusion with one similarly named.

It really has not created any problems whatsoever.

JohnK3 (Pennsylvania)
Posts: 967
Posted:
The official, incorporated name of us is the XX Community Association, but our checks list us as the XX Community, and we most often refer to us as the XX Home Owners Association. So far, no problems.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Forgot to add this from the Fab Four's "Rocky Racoon":

"Her name was Magil and she called herself Lil, But everyone knew her as Nancy."
KevinK7 (Florida)
Posts: 1,343
Posted:
Same with my neighborhood. We have several sections each named XX #1, XX #2 and so on. Our subdivision on the outside states just one XX! I believe only one section in our neghborhood changed their title to be just XX.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Just as long as the IRS and the State can find you from your filed paperwork, you can call your association anything you want. I would suggest that the bank accounts match the same as what the IRS knows you as.

Some put it both ways:

XYZ corporation
DBA The ZZZ Homeowner's Association
MaryA1 (Arizona)
Posts: 7,043
Posted:
Melissa,

Is this a large community made up of a number of subdivisions, all with different names? I live in an area called Arrowhead Ranch. Within "the Ranch" are nunerous subdivisions, all with different names. There are about 6 different HOAs all with different names. I live in the New Legends s/d and my HOA is called Arrowhead Ranch Phase III HOA. All my gov. docs. show the name of the HOA, New Legends isn't mentioned anywhere. Could this be the case with your assn? Perhaps the name of the community or your s/d was mistakenly shown on one doc instead of the name of the HOA? Could the developer be contacted for clarification?
MelissaM4 (Pennsylvania)
Posts: 27
Posted:
We have only one division within the community and unfortuantly the former developer is not available anymore. Thank you for the insight!
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By MelissaM4 on 08/26/2008 6:51 AM
We have only one division within the community and unfortuantly the former developer is not available anymore. Thank you for the insight!

Melissa,

If the community is not fully built, why isn't the developer not available anymore? Who controls the assn?

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